Orlando Wrongful Death Lawyer
A wrongful death lawsuit can provide a measure of justice and financial security for your family. It is hard enough to go on without your loved one. You shouldn’t have to bear the burden of overwhelming financial losses, too. If your family member has died because of someone else’s carelessness, our Orlando wrongful death lawyers can help you hold the careless party accountable and recover the compensation you deserve.
A wrongful death attorney in Orlando can help you recover significant damages for your family’s financial and emotional losses resulting from a loved one’s death caused by someone’s failure to exercise reasonable care.Â
Wrongful death compensation typically comes from insurance companies. Insurance companies hire lawyers to help them minimize the compensation they must pay or dodge it altogether. If you don’t have a Florida wrongful death lawyer on your side, you could miss out on substantial compensation. Call us today at (407) 329-5054 for a free consultation.
Our Orlando Wrongful Death Attorneys Will Be There When You Need Us the Most
Our law firm was established in 1979 by two compassionate brothers who care about people and are committed to putting clients first. Their values permeate our Orlando personal injury law firm to this day, and that’s why you can count on us to help you through this difficult time.Â
Our skilled attorneys work as a team rather than competing with each other. Our 40+ years of experience have shown us that this serves our clients’ best interests. Our talented attorneys in Orlando come from diverse backgrounds. When they combine their strengths and resources, you get a legal team that is practically impenetrable.
We Get Results
Our approach works. We have recovered more than $2 billion in damages for our clients through caring, understanding, and hard work. Our recent wrongful death case results include the following and more:
- $5 million for the death of a motorcycle rider struck by a car that ran a red light
- $2.7 million over the death of a fisherman whose boat was sucked into a dam
- $1.3 million for the family of a truck driver struck by a semi while working on a loading dock
- $1.2 million for the family of a pickup truck passenger who died when the truck flipped and ejected him
- $950,000 over the death of a man after a careless driver ran him and his wife off the road
- $756,000 verdict against the state in the death of a driver who struck an escaped cow
- $410,000 for the family of a car accident victim killed by a careless uninsured driver
Our experience makes all the difference. Let us put our experience to work for you. Contact us today for a free case evaluation.
What You Can Expect When You Choose Our Orlando Wrongful Death Attorneys
We understand the devastation that results from a loved one’s preventable death. We are committed to relieving you of the burden of filing your claim, maximizing your compensation, and providing caring support for your whole family. We accomplish this through the systematic approach discussed below.
A Thorough Case Investigation
We will perform a detailed forensic investigation into the causes of your loved one’s death. This process will help us identify liable parties and prove that negligence was the cause.
Skilled Representation
We will handle all communication with the liable party’s insurance company and all of their representatives so you can focus on your family.
Consultations with Leading Experts
We will consult highly respected experts, including medical experts, investigators, and professionals, to help us understand all of the factors that contributed to your loved one’s death.
Advocacy for the Settlement You Deserve
We will leverage our record of success to win you the settlement you deserve. If necessary, we will confidently take your claim to court.
Our Open Door Policy
We will stay in contact with you to keep you updated about the status of your case and check on your well-being. You will always be able to reach out to our legal team with questions and concerns about your case, not just from nine to five.
You Only Pay if We Win
Financial limitations should never be a barrier to justice. Thus, our devoted wrongful death lawyers in Orlando never charge upfront fees. You won’t owe our law firm anything unless we win your case and successfully recover compensation for you.
How Do I Know if I Have a Wrongful Death Case?
The Florida Wrongful Death Act allows you to file a wrongful death claim if someone else’s intentional or negligent acts caused your loved one’s death. In a viable wrongful death action, your loved one would have had grounds to sue the responsible party had they survived.Â
A wrongful death claim may stem from a variety of negligent and intentional acts and omissions, including the following:
We handle all of these types of wrongful death claims and more. If your loved one has passed away, the most reliable way to determine whether you have a case for wrongful death is to consult with a reputable attorney. We offer free consultations at our Orlando office. Call us now at (407) 329-5054 to schedule your free consultation.
Proving Your Orlando Wrongful Death Case
Before you can hold a party accountable for a wrongful death, you must prove that all of the following elements were at play:
- Duty of care. The defendant was engaging in an activity that imparted a legal duty of care, such as driving a vehicle, providing health care services as a licensed provider, or allowing you to access public or private property.
- Breach of duty. The defendant failed to exercise reasonable care. A breach of duty may include violating traffic laws, failing to remove a fall hazard, or straying from medical guidelines in the case of a healthcare provider.
- Resulting damages. You sustained losses that you would not have but for the defendant’s breach. In a wrongful death case, you must prove the breach of duty caused your loved one’s death and your resulting losses.
- Actual and proximate cause. The breach of duty is the actual cause of your injury, and your injuries were reasonably foreseeable.
Proving negligence is not always easy, but thanks to the tenacity and experience of our skilled legal team, you can count on us to meet this burden of proof so your family can recover the compensation you deserve. Contact us now to schedule a free case review.
Who Can Be Held Responsible for a Wrongful Death?
Establishing liability is one of the most important responsibilities of a wrongful death lawyer. In many cases, multiple parties may be responsible. The responsible parties vary based on the type of case.
Liable Parties in Motor Vehicle Accidents
The most common liable party in motor vehicle accidents is a careless driver. A study by the National Highway Traffic Safety Administration found that drivers are responsible for 94 percent of car accidents. Â
However, drivers are not the only responsible parties. Mechanical failures, road conditions, and non-driving roadway users can also cause automobile accidents. Non-driving vehicle owners and employers can also be held liable. Thus, you may be able to hold the following parties liable:
- Manufacturers of defective vehicle components
- Negligent automotive mechanics
- An owner who loaned the vehicle to another driver
- A trucking company or other employer
- A government entity that failed to maintain safe roads
- A construction company that made the road unsafe
Liability for Property Owners
If your family member died from an injury on someone else’s property, you may be able to hold a negligent property owner liable. Those potentially liable include homeowners, business owners, government entities, mass transit authorities, and commercial building owners. Employers and property managers may also be liable.
Liable Parties in Workplace Accidents
Liability for workplace deaths is unique because the workers’ compensation system covers most workers. Workers’ compensation is a no-fault insurance policy that protects employers from liability. Â
You generally cannot sue a covered employer for the death of a loved one in a workplace accident. However, you may be able to sue various third parties who caused or contributed to the accident. These include manufacturers of defective products, negligent property owners, and careless vehicle drivers.
Liability for Medical Malpractice
In medical malpractice claims, any health care provider that causes or contributes to an injury by negligence or an intentional act can be held liable in a wrongful death lawsuit. AÂ health care provider in Florida is anyone licensed, certified, or otherwise authorized to provide medical services. The following parties qualify as health care providers in Florida:
- Doctors
- Nurses
- Midwives
- Pharmacists
- Radiologists
- Pathologists
The facilities that employ negligent health care providers can also be held liable for wrongful death. Such institutions include hospitals, birthing centers, nursing homes, rehabilitation centers, and other inpatient and outpatient facilities.
Who Is Liable for Defective Products?
Manufacturers, distributors, and retailers may be held liable when a product or component causes harm while being used as directed. It is not necessary to prove negligence in such cases. You only have to prove that the product was defective or harmful by design or that the manufacturer failed to warn of a known danger.
Recoverable Damages After a Wrongful Death in Orlando
You may be entitled to recover substantial compensation from the negligent parties that caused or contributed to your loved one’s death through intentional or negligent conduct. Damages in a wrongful death lawsuit may include economic, non-economic, and punitive damages.
Economic Damages
Economic damages compensate for the monetary losses you can prove through documentation, such as your loved one’s medical expenses, funeral costs, and lost income. Â
Lost income includes your family member’s probable lifetime earnings had they survived, lost business income, and the value of services your loved one provided, such as housekeeping services.
Non-Economic Damages
Non-economic damages compensate for intangible losses that are difficult to measure in dollars. The negligent parties that cause wrongful death may be liable for the following non-economic losses:
- Mental pain and suffering of family members
- Loss of companionship
- Loss of support and comfort
- Loss of parental guidance
- Your loved one’s pain and suffering
Non-economic damages are not available in workers’ compensation claims, but you can pursue them in workplace injury claims against negligent third parties.
Punitive Damages
You may be able to recover punitive damages in limited circumstances when you have clear and convincing evidence of intentional misconduct or gross negligence. The maximum punitive damages award in most Florida wrongful death claims is three times the total economic and non-economic damages or $500,000, whichever is greater.
Who Can Bring a Wrongful Death Claim?
The personal representative appointed by your family member before death or by a probate court can file a wrongful death lawsuit on behalf of the survivors. The family members who are eligible for wrongful death proceeds include the following:
- Spouse
- Children
- Parents
Damages for loss of companionship and mental pain and suffering are available to surviving spouses, minor children, and parents of deceased minors. If there is no surviving spouse, adult children can also claim these damages. Parents of adult children can recover these damages if there are no other survivors. Â
For wrongful death lawsuits, minor children are defined as children under the age of 25.
Our Orlando Wrongful Death Lawyers Help at Every Stage of Your Case
The process of filing a wrongful death claim varies based on the type of claim, but in general, the process includes the following:
- An investigation - We will investigate to determine who is liable.
- An insurance claim - We will file a claim against each liable party’s insurance.
- A lawsuit - We will file a lawsuit if the insurance company refuses to pay fair compensation.
- Case discovery - We will provide supporting evidence to the other party upon demand and request documentation and information from them.
- Settlement negotiations - We will skillfully negotiate for the compensation your family deserves.
- Trial - We will proceed to trial if the liable parties and their insurance companies refuse to compensate you fairly.
Deadlines to Filing a Wrongful Death Lawsuit in Orlando
The statute of limitations for wrongful death in Florida is generally two years after your loved one’s death. This deadline does not apply to all cases, so it is important to consult with a seasoned wrongful death attorney in Orlando as soon as possible to protect your claim. If you miss the deadline, you can lose your right to seek damages for your loved one’s wrongful death.
Contact Our Farah & Farah’s Wrongful Death Attorneys for a Free Consultation
You shouldn’t have to fight alone for justice while you’re grieving the loss of a family member. We are ready to serve you during your time of greatest need. Â
Although we are a small, friendly law office in Orlando, we have the financial backing of our large Florida personal injury law firm, so we can go up against large insurance companies and win. When you choose Farah & Farah, you get the best of all worlds. Â
With over 40 years of experience, $2 billion in successful case results, and thousands of testimonials from satisfied clients, we have a record you can count on. Call our caring and experienced Orlando wrongful death lawyers today at (407) 329-5054 to schedule a free case review.
Our Orlando Wrongful Death Attorneys Will Be There When You Need Us the Most
How Do I Know if I Have a Wrongful Death Case?
Proving Your Orlando Wrongful Death Case
Who Can Be Held Responsible for a Wrongful Death?
Recoverable Damages After a Wrongful Death in Orlando
Who Can Bring a Wrongful Death Claim?
Our Orlando Wrongful Death Lawyers Help at Every Stage of Your Case
Deadlines to Filing a Wrongful Death Lawsuit in Orlando
Contact Our Farah & Farah’s Wrongful Death Attorneys for a Free Consultation
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